Legal Opinion

Kilgore v. Redmill

Supreme Court of Alabama

Decided November 15, 1898PublishedCited by 5 opinions

Appeal from the Chancery Court of Walker. Heard before the Hon. Thomas Cobbs. The facts of this case are sufficiently stated in the opinion. cited, Groen v. Dickson, MSS. cited, Wright v. Dem-Min, 83 Ala. 322; Gilmer v. Morris, SO Ala. 78; Ga. & Pa. lly. v. Gaines, 88 Ala. 377.

1Opinion of the CourtHaralson, J.

— Suit to enjoin an action for the recovery of land, and to reform a deed for an alleged mutual mistake in the description of land in a deed of conveyance.

The description of the land conveyed is set out in section two of the bill, and the deed executed by complainant to defendant is made an exhibit, A, thereto. But nowhere in the bill is it clearly alleged in what the mistake, which complainant would have corrected, consists. In sections 3 and 4 are to be found the only attempts to indicate the mistake. In the 3rd it is averred, that the defendant, Redmiil, has instituted a suit in the…

2Cases cited4 opinions

  1. Gilmer v. MorrisSupreme Court of Alabama · 1885
  2. Campbell v. HatchettSupreme Court of Alabama · 1876
  3. Bell v. Montgomery Light Co.Supreme Court of Alabama · 1893
  4. Wright v. DunklinSupreme Court of Alabama · 1887

3Cited by5 opinions

  1. Springdale Gayfer's Store Co. v. DH Holmes Co., Ltd.Supreme Court of Alabama · 1967
  2. Folmar v. Lehman-Durr Co.Supreme Court of Alabama · 1906
  3. Page v. WhatleySupreme Court of Alabama · 1909
  4. Folmar v. BeallSupreme Court of Alabama · 1920
  5. Saxon v. Automatic Retailers of AmericaDistrict Court, N.D. Alabama · 1970

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